IN THE CASE OF:
BOARD DATE: 22 May 2014
DOCKET NUMBER: AR20130016397
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of item 23a (Specialty Number and Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as 11C4O (Infantry Indirect Fire Crewman) and correction of item 25 (Education and Training Completed) of his DD Form 214 to show he completed the Noncommissioned Officer (NCO) Advanced Leadership Course.
2. The applicant states his DD Form 214 incorrectly reflects his primary MOS as 11B4O (Light Weapons Infantryman) and does not reflect his completion of the NCO Advanced Leadership Course.
3. The applicant provides a letter to the Army Review Boards Agency and copies of his DD Form 214, two DD Forms 215, a memorandum from the U.S. Army Human Resources Command, orders awarding him the Combat Infantryman Badge, orders promoting him to pay grade E-4, a morning report, orders discharging him from the U.S. Army Reserve, and a Certificate of Training for completion of the NCO Leadership Course.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on 20 June 1967. He completed basic training at Fort Ord, California, and advanced individual training as an infantry indirect fire crewman in MOS 11C at Fort Polk, Louisiana, before being transferred to Vietnam on 22 November 1967.
3. He was appointed to the rank of specialist four/E-4 in MOS 11C effective 1 March 1968.
4. Headquarters, 9th Infantry Division, Special Orders Number 133, dated 12 May 1968, appointed the applicant to the temporary rank of sergeant/E-5 in MOS 11B4O effective 1 May 1968. These orders withdrew his primary MOS of 11C2O and awarded him primary MOS 11B4O and secondary MOS 11C4O.
5. On 19 June 1969, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He completed 2 years of active service. His DD Form 214 issued at the time of his REFRAD shows his primary MOS as 11B4O. It does not show he completed the NCO Leadership Course.
6. A review of his official records failed to reveal any orders showing he was awarded primary MOS 11C subsequent to 11 May 1968.
7. The certificate provided by the applicant shows he completed the NCO Leadership Course given at the Reliable Academy, 9th Infantry Division, Camp Martin Cox, Vietnam. It does not indicate the period of the course and there are no annotations in his records to indicate the duration of the course. However, internet research revealed it was a 14-day course.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, provided that courses that are 1 week (40 hours) in duration would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his PMOS as 11C4O instead of 11B4O was considered and appears to lack merit.
2. The applicant was promoted to the rank of sergeant in MOS 11B4O effective 1 May 1968 and awarded MOS 11B4O at that time. The applicant failed to show through the evidence of record and evidence submitted with his application that his primary MOS was changed to 11C subsequent to that date.
3. The applicant provided a certificate of training showing he completed the NCO Leadership Course, and informal research revealed the duration of the course was 14 days. Accordingly, it would be appropriate to enter that course on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the 2-week NCO Leadership Course to item 25 of his DD Form 214.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show his MOS as 11C4O.
_____________X____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130016397
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ABCMR Record of Proceedings (cont) AR20130016397
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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